Police said the 7-week-old girl was found floating in a bathtub at a Walnut Street apartment on New Year's Eve. She was found not breathing but alive. The baby, Kirin Cargle, was transported to Cincinnati Children's Hospital, where her condition has not been released. But in court Tuesday, prosecutors said the child was no longer using a breathing tube.

WITH ATTEMPTED MURDER.... HER 7- WEEK OLD DAUGHTER WAS FOUND FLOATING IN THE BATHTUB NEW YEAR'S EVE. WLWT NEWS FIVE'S TERRY DANIELS JOINS US FROM THE NEWSROOM. HE SPOKE WITH THE FIANCE OF THE WOMAN WHO'S FACING CHARGES.. TERRY. MIKE, HE BELIEVES IT WAS A HORRIBLE ACCIDENT...A MISTAKE ON THE MOTHER'S PART. BUT ACCORDING TO THIS ARREST WARRANT... CINCINNATI POLICE DETECTIVES NOW BELIEVE IT WAS ATTEMPTED MURDER. (c0002 "a very tragic mistake") THIS IS THE MUG SHOT FOR JESSICA WHITEHEAD. THE 27-YEAR-OLD IS NOW CHARGED WITH ATTEMPTED MURDER AND IS BEING HELD IN THE HAMILTON COUNTY JUSTICE CENTER. (natsot from file 6915..clip 12) IT WAS BACK EARLY MORNING DECEMBER 31ST WHEN CRIME SCENE INVESTIGATORS SPENT THE DAY IN APARTMENT NUMBER 2 HERE IN AT 1627 WALNUT STREET IN OVER-THE-RHINE. AN OVER SIZED BABY BOTTLE MARKS THE PLACE WHERE A 7- WEEK--OLD BABY WAS FOUND FLOATING IN THE TUB... NOT BREATHING...BUT ALIVE. POLICE SOURCES SAY THE MOTHER, WHITEHEAD, WAS ALSO FOUND IN THE TUB...APPARENTLY AFTER LOSING CONSIOUSNESS AT SOME POINT. (natsot...me knocking) TONIGHT, AT THE SAME APARTMENT...I TALKED TO PAUL CARGLE ...HE SAYS HE'S WHITEHEADS FIANCE AND THEY ARE PARENTS OF KIRIN...THE INFANT IN HIS ARMS...AND ORION ...THE BABY NOW BEING TREATED AT CHILDREN'S HOSPITAL. HE BELIEVES HIS FIANCE MADE A TRAGIC MISTAKE. (C0002 "if i even thought someone was gonna harm my child, or hurt my child...i would not defend them in no way, shape or fashion...so you think jessica is innocent?.. I know she's innocent ...i don't think nothing, i know she is.") THE POLICE AFFIDAVIT SAYS WHITEHEAD "DID KNOWINGLY ATTEMPT TO CAUSE THE DEATH OF ANOTHER". BUT CARGLE DENIED THAT AND WILL CONTINUE TO SUPPORT HIS FIANCE. (c0002 "I go to the hospital everyday to see my child... everyday...so i'm gonna be supportive and keep my head up and pray to god everything works out for everybody.") THE POLICE REPORT SAYS THE BABY HAS LIFE-THREATENING INJURIES BEING TREATED AT CHILDREN'S HOSPITAL. ACCORDING TO PAUL...THE BABY WILL COME OFF A BREATHING TUBE TOMORROW AND SHOULD RECOVER. MIKE. JESSICA WHITEHEAD IS EXPECTED TO BE ARRAIGNED TOMORROW MORNING. WE'LL BRING YOU NEW INFORMATION AS SOON AS WE GET IT.

A Justice Department civil rights investigation has concluded that the Ferguson Police Department and the city's municipal court engaged in a "pattern and practice" of discrimination against African-Americans, targeting them disproportionately for tr...